National Disability Insurance Scheme (Code of Conduct) Rules 2018

National Disability Insurance Scheme (Code of Conduct) Rules 2018

made under the

National Disability Insurance Scheme Act 2013

Compilation No. 1

Compilation date: 19 December 2023

Includes amendments: F2023L01703

Registered: 12 January 2024

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (Code of Conduct) Rules 2018 that shows the text of the law as amended and in force on 19 December 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Preamble

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—NDIS Code of Conduct

5 Persons covered by the NDIS Code of Conduct

6 NDIS Code of Conduct

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Preamble

(1) The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia.  The NDIS has potential to produce major benefits for people with disability, their families and the broader community.

(2) The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS.  The rules are intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.

(3) The National Disability Insurance Scheme (Code of Conduct) Rules 2018 set out the NDIS Code of Conduct, which applies to all NDIS providers and persons employed or otherwise engaged by them, regardless of whether they are registered.  The NDIS Code of Conduct supports the rights of people with disability in the National Disability Insurance Scheme to have access to safe and ethical supports, and reflects the core values and principles set out in the National Standards for Disability Services, the National Mental Health Standards and the National Disability Insurance Scheme Act 2013.

(4) To ensure the safety and quality of supports within the emerging NDIS market, the NDIS Code of Conduct sets minimum expectations, shapes the behaviour and culture of NDIS providers and persons employed or otherwise engaged by NDIS providers, and empowers consumers in relation to their rights.

(5) Anyone can raise a complaint about potential breaches of the NDIS Code of Conduct.  When NDIS providers, or persons employed or otherwise engaged by NDIS providers, are found to have breached the NDIS Code of Conduct, the Commissioner is able to take a range of actions as appropriate, including education, compliance and enforcement action or prohibiting them from operating in the NDIS market.

Part 1—Preliminary

1  Name

  This instrument is the National Disability Insurance Scheme (Code of Conduct) Rules 2018.

3  Authority

  This instrument is made under the National Disability Insurance Scheme Act 2013.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) key personnel;

(b) National Disability Insurance Scheme;

(c) NDIS Code of Conduct;

(d) NDIS provider;

(e) participant.

  In this instrument:

Act means the National Disability Insurance Scheme Act 2013.

Code‑covered person has the meaning given under subsection 5(2) of this instrument.

Part 2—NDIS Code of Conduct

5  Persons covered by the NDIS Code of Conduct

(1) This Part is made for the purposes of section 73V of the Act.

(2) Both of the following are Code‑covered persons:

(a) NDIS providers;

(b) persons employed or otherwise engaged by NDIS providers or members of the key personnel of NDIS providers.

(3) Code‑covered persons must comply with the NDIS Code of Conduct set out in section 6 of this instrument.

Note:  Compliance with the NDIS Code of Conduct is a civil penalty provision (see section 73V of the Act). A civil penalty provision can be enforced by obtaining an order for a person to pay a pecuniary penalty.

6  NDIS Code of Conduct

 (1) In providing supports or services to people with disability, a Code‑covered person must:

(a) act with respect for individual rights to freedom of expression, self‑determination and decision‑making in accordance with applicable laws and conventions; and

(b) respect the privacy of people with disability; and

(c) provide supports and services in a safe and competent manner, with care and skill; and

(d) act with integrity, honesty and transparency; and

(e) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability; and

(f) take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability; and

(g) take all reasonable steps to prevent and respond to sexual misconduct.

 (2) A Code‑covered person must not, without a reasonable justification:

(a) represent a price for the supply of goods for a participant that is higher than the price represented for the supply by the Code‑covered person of the same (or substantially the same) goods for a person who is not a participant; or

(b) charge a price for the supply of goods for a participant that is higher than the price that the Code‑covered person charges for the same (or substantially the same) goods for a person who is not a participant.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history